Amended in Assembly March 11, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 56


Introduced by Assembly Member Weber

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(Coauthors: Assembly Members Ammiano, Brown, Holden, and Maienschein)

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(Coauthor: Senator Cannella)

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January 7, 2013


An act to add Article 7 (commencing with Section 32080) to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, relating to school facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 56, as amended, Weber. School facilities: carbon monoxide devices.

Existing law, the Leroy F. Greene School Facilities Act of 1998, requires certain new school facilities construction projects that require the approval of the Department of General Services, as specified, to include an automatic fire detection, alarm, and sprinkler system. The act also requires certain modernization projects that require the approval of the department to include an automatic fire detection and alarm system, as specified.

Existing law requires an owner of a dwelling unit intended for human occupancy to install a carbon monoxide device, as specified, in each existing dwelling unit having a fossil fuel burning heater or appliance, a fireplace, or an attached garage.

This bill would require any private or public school building used for educational purposes for kindergarten or any of grades 1 to 12, inclusive, that is built or modernized on or after January 1, 2014, and that has a furnace located inside the school building to have a carbon monoxide device. The bill would require that the carbon monoxide device be installed in close proximity to each furnace located within the school building.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) (1) Carbon monoxide is an odorless, colorless gas produced
4when fuel, such as gas, oil, kerosene, wood, or charcoal, is burned.
5Carbon monoxide can cause harmful health effects by reducing
6the delivery of oxygen to the body’s organs, such as the heart,
7brain, and tissues. The most common symptoms of carbon
8monoxide poisoning are headaches, dizziness, weakness, nausea,
9vomiting, chest pain, and confusion. Long-term breathing of carbon
10monoxide can affect the memory, brain function, behavior, and
11cognition. According to the American Medical Association, carbon
12monoxide is the leading cause of accidental poisoning deaths in
13the United States. Gas furnaces and other fuel-burning appliances
14are common sources of carbon monoxide poisoning.

15(2) The federal Centers for Disease Control and Prevention
16estimate that each year more than 400 Americans die from
17unintentional carbon monoxide poisoning, more than 20,000 visit
18the emergency room, and more than 4,000 are hospitalized due to
19carbon monoxide poisoning. According to the United States
20Environmental Protection Agency, a person cannot see or smell
21carbon monoxide. At high levels, carbon monoxide can kill a
22person in minutes.

23(3) The State Air Resources Board estimates that every year
24carbon monoxide accounts for between 30 and 40 avoidable deaths,
25possibly thousands of avoidable illnesses, and between 175 and
26700 avoidable emergency room and hospital visits.

27(4) There are well-documented chronic health effects of acute
28carbon monoxide poisoning and prolonged exposure to carbon
29monoxide, including, but not limited to, lethargy, headaches,
30concentration problems, amnesia, psychosis, Parkinson’s disease,
31memory impairment, and personality alterations.

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P3    1(b) In an analysis conducted by the National Fire Protection
2Association of nonfire carbon monoxide incidents reported for the
3year 2005, 250 carbon monoxide incidents were reported
4nationwide in educational facilities. Of these, 150 incidents
5occurred in school buildings used for preschool, kindergarten, or
6grades 1 to 12, inclusive.

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7(b)

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8begin insert(c)end insert (1) On December 3, 2012, Finch Elementary School in
9begin delete Atlantaend deletebegin insert Atlanta,end insert Georgia, was evacuated after firefighters
10discovered a carbon monoxide leak from the school’s furnace.
11Firefighters responded to the school after reports came in that
12people at the school were unconscious. Although no one was found
13unconscious, firefighters found people sickened and, in total, 43
14students and 10 adults were taken to the local hospital.

15(2) The firefighters detected high and unsafe levels of carbon
16monoxide near a furnace, and detected up to 1,700 parts per million
17of carbon monoxide in other areas, a very high level of the gas.

18(3) The State of Georgia did not require school facilities to have,
19and Finch Elementary School did not have, carbon monoxide
20detectors. Two states, Maryland and Connecticut, have passed
21legislation requiring carbon monoxide detectors in school facilities.

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22(c)

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23begin insert(d)end insert Senate Bill 183 of the 2009-10 Regular Session (Chapter
2419 of the Statutes of 2010) requires a dwelling unit that is intended
25for human occupancy and that has a fossil fuel burning heater or
26appliance, a fireplace, or an attached garage to have a carbon
27monoxide alarm, as specified.

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28(d) Carbon

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29begin insert(e)end insertbegin insertend insertbegin insertBecause carbon monoxide affects individuals differently and
30symptoms of exposure can mimic symptoms of common ailments
31such as the influenza virus, it is difficult to quantify the exact
32number of carbon monoxide incidents in school buildings and it
33is highly probable that the number of carbon monoxide incidents
34is underreported. Additionally, the number of carbon monoxide
35incidents in schools will likely rise in future years as school
36buildings and their infrastructure become outdated over time.
37Carbon end insert
monoxide devices provide a vital, highly effective, and
38low-cost protection against carbon monoxide poisoning and these
39devices should be made available to every school in California to
P4    1help prevent students from being exposed to the effects of carbon
2monoxide.

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SEC. 2.  

Article 7 (commencing with Section 32080) is added
4to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education
5Code
, to read:

6 

7Article 7.  Carbon Monoxide Devices
8

 

9

32080.  

(a) begin deleteExcept as provided in subdivision (b), any end deletebegin insertA end insertprivate
10or public school building that is used for educational purposes for
11kindergarten or any of grades 1 to 12, inclusive, that is built or
12modernized on or after January 1, 2014, and that has a furnace
13located inside the school building shall have a carbon monoxide
14device, as defined in Section 13262 of the Health and Safety Code,
15installed in that building.

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16(b) This article shall not apply to a private or public school
17building that has completed construction or modernization prior
18to January 1, 2014.

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19(c)

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20begin insert(b)end insert A private or public school used for educational purposes for
21kindergarten or any of grades 1 to 12, inclusive, that has a furnace
22located inside the school building, and that was built or modernized
23prior to January 1, 2014, is encouraged to have a carbon monoxide
24device installed in the building.

25

32085.  

A carbon monoxide device installed pursuant to Section
2632080 shall be installed in close proximity to each furnace located
27within the public or private school building so that the device can
28accurately detect the leakage of carbon monoxide.



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